FGH -v- London North West University Healthcare NHS Trust (anonymity order)
Claim No: QB-2019-001197
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
9 June 2021
Between:
FGH (by her Mother and Litigation Friend, IJK)
-v-
LONDON NORTH WEST UNIVERSITY HEALTHCARE NHS TRUST
BEFORE HUGH MERCER QC sitting as a Deputy Judge of the High Court, sitting remotely at the Royal Courts of Justice, The Strand, London WC”A 2LL on 9 June 2021
UPON a remote video hearing by way of Microsoft Teams, Christopher Johnston QC, Counsel, on behalf of the Claimant and Hannah Noyce, Counsel, on behalf of the Defendant
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her arising out of the Defendant’s negligence on 9 September 2006 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division and served upon the Defendant on 16 April 2019.
AND WHEREAS the Claimant is a Protected Party and brings the Claim by her Mother as Litigation Friend, IJK UPON reading the Application of the Claimant
AND UPON
(1) Consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant and her Litigation Friend is necessary in order to protect the interests of the Claimant.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to s11 Contempt of Court Act 1981, s.6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
IT IS ORDERED that:
1. The identity of the Claimant is protected and shall not be published. For this purpose:
a. ‘publication’ includes any speech, writing, broadcast, or other communication in whatever form, which is addressed to the public at large or any section of the public;
b. publication of any name, address, picture, or other information that could lead to identification of FGH as the Claimant in these proceedings is prohibited.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s parents, or any details that could lead to the identification of FGH as the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
a. The Claimant shall be referred to as “FGH”
b. The Litigation Friend shall be referred to as “IJK”
c. Any other details liable to lead to the identification of the Claimant or the Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D a person who is not a party to the proceedings may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Judge, Master or District Judge of the Queen’s Bench Division. Any application for such permission must be made on at least 7 days’ notice to the Claimant, and the Court will effect service.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 9 June 2021 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
7. For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the confidentiality of information from being made public):-
a. Communications between the Court Funds Office and the anonymised party, Litigation Friend or deputy in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money.
b. Communications between the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of such money.
c. Records kept by the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of the Claimant’s money.
d. Retention by the parties and/or their representatives and/or their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 17 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.